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EEZ, Continental Shelf & UNCLOS
EEZ, Continental Shelf & UNCLOS
Convention on the Law of the Sea over which a state has special rights regarding the
exploration and use of marine resources, including energy production from water and wind. It
stretches from the baseline out to 200 nautical miles (nmi) from its coast. In colloquial usage,
the term may include the continental shelf. The term does not include either the territorial sea or
the continental shelf beyond the 200 nmi limit. The difference between the territorial sea and
the exclusive economic zone is that the first confers full sovereignty over the waters, whereas
the second is merely a "sovereign right" which refers to the coastal state's rights below the
surface of the sea. The surface waters, as can be seen in the map, are international waters.
The continental shelf is an underwater landmass which extends from a continent, resulting in
an area of relatively shallow water known as a shelf sea. Much of the shelves were exposed
during glacial periods and interglacial periods.
The shelf surrounding an island is known as an insular shelf.
The continental margin, between the continental shelf and the abyssal plain, comprises a steep
continental slope followed by the flatter continental rise. Sediment from the continent above
cascades down the slope and accumulates as a pile of sediment at the base of the slope, called
the continental rise.
Economic Significance
The relatively accessible continental shelf is the best understood part of the ocean floor. Most
commercial exploitation from the sea, such as metallic-ore, non-metallic ore,
and hydrocarbon extraction, takes place on the continental shelf. Sovereign rights over their
continental shelves up to a depth of 200 metres or to a distance where the depth of waters
admitted of resource exploitation were claimed by the marine nations that signed
the Convention on the Continental Shelf drawn up by the UN's International Law
Commission in 1958. This was partly superseded by the 1982 United Nations Convention on
the Law of the Sea which created the 200 nautical mile exclusive economic zone, plus
continental shelf rights for states with physical continental shelves that extend beyond that
distance.
The legal definition of a continental shelf differs significantly from the geological definition.
UNCLOS states that the shelf extends to the limit of the continental margin, but no less than
200 nautical miles and no more than 350 nm from the baseline. Thus inhabited volcanic islands
such as the Canaries, which have no actual continental shelf, nonetheless have a legal
continental shelf, whereas uninhabitable islands have no shelf.
United Nations Convention on the Law of the Sea (UNCLOS), also called the Law of the
Sea Convention or the Law of the Sea treaty, is the international agreement that resulted from
the third United Nations Conference on the Law of the Sea (UNCLOS III), which took place
between 1973 and 1982. The Law of the Sea Convention defines the rights and responsibilities
of nations with respect to their use of the world's oceans, establishing guidelines for businesses,
the environment, and the management of marine natural resources.
The convention introduced a number of provisions. The most significant issues covered were
setting limits, navigation, archipelagic status and transit regimes, exclusive economic
zones (EEZs), continental shelf jurisdiction, deep seabed mining, the exploitation regime,
protection of the marine environment, scientific research, and settlement of disputes.
The convention set the limit of various areas, measured from a carefully defined baseline.
(Normally, a sea baseline follows the low-water line, but when the coastline is deeply indented,
has fringing islands or is highly unstable, straight baselines may be used.) The areas are as
follows:
a) Internal waters - Covers all water and waterways on the landward side of the baseline. The
coastal state is free to set laws, regulate use, and use any resource. Foreign vessels have no
right of passage within internal waters.
b) Territorial waters - Out to 12 nautical miles (22 kilometres; 14 miles) from the baseline,
the coastal state is free to set laws, regulate use, and use any resource. Vessels were given the
right of innocent passage through any territorial waters, with strategic straits allowing the
passage of military craft as transit passage, in that naval vessels are allowed to maintain
postures that would be illegal in territorial waters. "Innocent passage" is defined by the
convention as passing through waters in an expeditious and continuous manner, which is not
"prejudicial to the peace, good order or the security" of the coastal state. Fishing, polluting,
weapons practice, and spying are not "innocent", and submarines and other underwater vehicles
are required to navigate on the surface and to show their flag. Nations can also temporarily
suspend innocent passage in specific areas of their territorial seas, if doing so is essential for
the protection of their security.
c) Archipelagic waters - The convention set the definition of Archipelagic States in Part IV,
which also defines how the state can draw its territorial borders. A baseline is drawn between
the outermost points of the outermost islands, subject to these points being sufficiently close to
one another. All waters inside this baseline are designated Archipelagic Waters. The state has
sovereignty over these waters (like internal waters), but subject to existing rights including
traditional fishing rights of immediately adjacent states. Foreign vessels have right of innocent
passage through archipelagic waters (like territorial waters).
d) Contiguous zone - Beyond the 12-nautical-mile (22 km) limit, there is a further 12 nautical
miles (22 km) from the territorial sea baseline limit, the contiguous zone, in which a state can
continue to enforce laws in four specific areas: customs, taxation, immigration and pollution,
if the infringement started within the state's territory or territorial waters, or if this infringement
is about to occur within the state's territory or territorial waters. This makes the contiguous
zone a hot pursuit area.
e) Exclusive economic zones (EEZs) - These extend 200 nautical miles (370 kilometres; 230
miles) from the baseline. Within this area, the coastal nation has sole exploitation rights over
all natural resources. In casual use, the term may include the territorial sea and even the
continental shelf. The EEZs were introduced to halt the increasingly heated clashes over fishing
rights, although oil was also becoming important. The success of an offshore oil platform in
the Gulf of Mexico in 1947 was soon repeated elsewhere in the world, and by 1970 it was
technically feasible to operate in waters 4,000 metres deep. Foreign nations have the freedom
of navigation and overflight, subject to the regulation of the coastal states. Foreign states may
also lay submarine pipes and cables.
f) Continental shelf - The continental shelf is defined as the natural prolongation of the land
territory to the continental margin's outer edge, or 200 nautical miles (370 km) from the coastal
state's baseline, whichever is greater. A state's continental shelf may exceed 200 nautical miles
(370 km) until the natural prolongation ends. However, it may never exceed 350 nautical miles
(650 kilometres; 400 miles) from the baseline; or it may never exceed 100 nautical miles (190
kilometres; 120 miles) beyond the 2,500-meter isobath (the line connecting the depth of 2,500
meters). Coastal states have the right to harvest mineral and non-living material in the subsoil
of its continental shelf, to the exclusion of others. Coastal states also have exclusive control
over living resources "attached" to the continental shelf, but not to creatures living in the water
column beyond the exclusive economic zone.
Aside from its provisions defining ocean boundaries, the convention establishes general
obligations for safeguarding the marine environment and protecting freedom of scientific
research on the high seas, and also creates an innovative legal regime for controlling mineral
resource exploitation in deep seabed areas beyond national jurisdiction, through
an International Seabed Authority and the Common heritage of mankind principle.
Landlocked states are given a right of access to and from the sea, without taxation of traffic
through transit states